US Congress passes bill requiring detention of undocumented immigrants arrested on theft charges

The US Congress passed a bill Wednesday that requires undocumented immigrants accused of theft or violent crimes to be held in jail pending trial. The “Laken Riley Act,” named after a Georgia nursing student murdered by an undocumented immigrant last year, easily passed through the House in a 263–156 vote as 46 Democrats joined the Republican majority.

Immigration law already provides for the detention of those charged with more serious crimes, like murder and sexual assault. This act now adds several, more minor crimes to the mandatory detention list, including burglary, larceny, and shoplifting. The act also mandates DHS to issue detainers and take into custody undocumented immigrants not already detained by state or local officials, and it allows state governments to bring legal action against federal agencies that fail to enforce its requirements.

Critics of the law, including the ACLU and National Immigration Law Center, claim it impedes the executive branch’s immigration policymaking and raises substantial due process concerns. Namely, the act allows for the detention and removal of individuals based solely on arrests or charges, rather than convictions. Additionally, the provisions empowering state attorney generals to sue federal agencies have been criticized for their “blanket standing,” giving states standing in court regardless of their interest in the case at issue.

The act marks what will likely be President Trump’s first legislative victory on immigration, a topic which he focused on heavily during his campaign. Trump has already taken several executive actions on immigration in his first week in office, including executive orders aimed at increased immigration vetting, securing the border, and ending birthright citizenship in the US. But despite recent rhetoric on immigration and crime contributing to the passage of this act, studies indicate that undocumented immigrants commit far less crime than US citizens.